Tag Archives: Workers’ Compensation

Employer is not entitled to reversal of an award based on its expert testimony that employee had only a 2 percent impairment, the Court of Appeals says; the commission properly relied on the testimony of employee’s attending physician, contrary to ...

The Court of Appeals affirms the commission decision holding employer entitled to a credit based on reducing employee’s average weekly wage from $1,300 to $800; the evidence does not support a spoliation inference inconsistent with employee’s tax returns; her equitable ...

In an employer’s appeal alleging claimant unjustifiably refused selective employment, the Court of Appeals says the commission erred in finding that employer had the burden of raising causation in its hearing application, and in deciding the issue of causation was ...

The Court of Appeals affirms the Virginia Workers Compensation Commission decision awarding a 63-year old auto parts salesman temporary partial disability benefits; employee worked within the tolerance of his physical condition; his own testimony, corroborated by his wife, sufficiently established ...

The House of Delegates Wednesday squelched a legislative effort to help injured workers who cannot recall the circumstances of their accident. The House rejected a proposal by Gov. Bob McDonnell to clarify that a presumption in favor of coverage applies ...

The Court of Appeals affirms the commission’s denial of benefits to a trash collector who injured his left knee stepping down from his truck’s 22 ¼ inch step using a grab bar; the medical testimony was inconclusive and employee failed ...

The Court of Appeals affirms the commission’s majority decision denying benefits to an employee injured by electrical shock; the conflicting medical testimony of four physicians and a case manager support the majority’s conclusion that employee failed to prove continuing disability ...

In employee’s appeal of the denial of benefits, the Court of Appeals affirms the commission’s determination that employee violated a known safety rule to unplug the meat slicer before cleaning it; employee’s willful violation cannot be excused by alleged nonenforcement ...

A controversial bill to remove state workers’ compensation protection for some shipyard employees could have the unintended effect of increasing negligence claims and lawsuits arising out of shipyard accidents, workers’ comp lawyers warn. Virginia shipyards narrowly won General Assembly approval ...

An employee of a specialty paint crew painting a coal loader belonging to Norfolk Southern was working on a “preservation” project, not a “maintenance” project that was part of Norfolk Sothern’s trade, business or occupation, and the Norfolk Circuit Court ...